People v. Lanza

California Court of Appeal Nov 29, 1960 No. Crim. 7298Published

Before: Fourt

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Holding. The court held that the evidence was sufficient to support a burglary conviction where the defendant was found in possession of stolen property and provided inconsistent, incriminating explanations for that possession.

Issues

Whether the evidence was sufficient to support a burglary conviction based on possession of stolen property and corroborating circumstances.
Whether the time elapsed between the theft and the discovery of the property in the defendant's possession precluded a finding of guilt.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Mere possession of stolen property is not enough by itself to convict a defendant of a burglary.”

“There must be some corroborating circumstances such as the accused making conflicting statements which tend to show a consciousness of guilt”

“The primary question is whether a defendant was found in possession of the stolen property under circumstances and conditions which justify the triers of fact in concluding that he was the guilty party in the burglary charged against him.”

FOURT, J.

This is an appeal from an order granting probation to appellant after his conviction on a charge of burglary in the second degree upon “the ground that the same is a cruel and inhuman punishment considering the nature of the offense and the circumstances under which the same was allegedly committed.”

In an information filed in Los Angeles County it was charged that defendants, on or about January 8, 1960, burglarized a building occupied by Kellogg Builders, Inc. Frederick Lanza was charged with a prior conviction of a felony, namely an attempt to set fire to a building. Each defendant pleaded not guilty and Frederick Lanza pleaded, in addition thereto, not guilty by reason of insanity.

The cause was submitted upon the transcript of the testimony taken at the preliminary hearing. The plea of not guilty by reason of insanity of Frederick was submitted upon the reports of the court-appointed physicians. Each defendant was found guilty of burglary in the second degree. Frederick was found to be sane at the time of the commission of the offense and at the trial. The appellant’s motion for a new trial was denied. The imposition of sentence of appellant was suspended and he was placed on probation for five years, a part of the terms being that he pay a fine of a stipulated amount.

A résumé of some of the facts is as follows:

Kellogg Builders were constructing two apartment houses on Carson Street in Los Angeles County in January 1960. The exterior of the buildings was up, roofs and walls were finished, painting and flooring were in the course of construction. It rained for about a week in the middle of January 1960 and during a part of such time work on the buildings was closed down. Some of the laid flooring was damaged because of leaks and it was necessary to tear it up and put down new flooring. The flooring material came in packaged or bundled form. Appellant operated a restaurant near the apartment buildings which were under construction. Appellant’s nephew, Frederick Lanza, had a conversation with a deputy sheriff and in the course of such a talk the deputy sheriff ascertained that a burglary had taken place, that on or about January 8, 1960, Frederick Lanza was at his uncle’s restaurant and that Joseph

[862]

People v. Lanza

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FOURT, J.

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